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HomeMy WebLinkAbout07/26/1993 Council Minutes1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JULY 26, 1993 255 Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Planning Coordinator, Mary Kay Wyland; Consulting Engineer, John Powell; Parks Director, Marty Asleson; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Mayor Reinert welcomed Erin Long and explained that she would be cable casting the Council meeting this evening. The Council recessed to a closed session to discuss a pending litigation regarding the Reshanau Lake Estates Homeowner's Association. The Council returned from recess at 6:52 P.M. SETTING THE AGENDA Council Member Neal asked that the Centennial Fire District disbursements be removed from the Consent Agenda and placed on the Regular agenda under Old Business. CONSENT AGENDA ITEM MINIITES: Council Work Session, May 5, 1993 DISBURSEMENTS: July 26, 1993 PAGE 1 DISPOSITION Approved Approved 256 COUNCIL MEETING JULY 26, 1993 REGULAR AGENDA OPEN MIKE No one appeared under open mike. PLANNING AND ZONING REPORT SECOND READING, Ordinance No. 93 - 10, Planned Development Overlay for Country Lakes Estates - The FIRST READING of Ordinance 93 - 10 was held at the July 8, 1993 City Council meeting. This ordinance would amend the Zoning Code by adding Planned Development Overlay (PDO) to the Country Lakes Estates property. The rezoning to PDO is necessary to allow lot size flexibility for the plat. Because the proposed lot areas do not meet the technical definition of lot area as provided by the Zoning Ordinance (area above the 100 year floodplain) the City must provide a mechanism for lot size flexibility. As discussed previously, all lots will meet the minimum requirements for area above the ordinary high water as required by the Subdivision Ordinance. Council Member Kuether moved to approve the SECOND READING of Ordinance No. 93 - 10 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 93 - 10 can be found at the end of these minutes. Consideration of Final Plat, Quail Ridge - The Quail Ridge plat contains 40 lots zoned Single Family Residential Executive (R - 1X). The plat is a 40 acre parcel and is located north of Birch Street and east of Black Duck Drive. The preliminary plat was approved in September, 1992. The plat contains a great deal of wetland and a park site located in the southwest corner of the plat. A trail is proposed to connect the plat with property to the west owned by the City. A portion of the trail will consist of boardwalk because of wetland considerations. City staff has been working with the developer in the design of the boardwalk/trail. The City Attorney has reviewed the title and plans and specifications have been prepared by a City consulting engineering company. A development contract has been signed by the developer and financial guarantees have been delivered this evening. PAGE 2 1 1 1 1 1 COUNCIL MEETING JULY 26, 1993 Council Member Bergeson noted that the boardwalk/trail to the west seems to go nowhere. Ms. Wyland explained that the City owns several lots to the west. The boardwalk/trail will be connected to the City owned property and to the trails west of Black Duck Drive. Council Member Kuether asked for an explanation between boardwalk and a trail. Ms. Wyland explained that some of the area where a trail is proposed to be constructed is in wetland. DNR regulations prohibit the construction of trails in that area but do allow for construction of boardwalks constructed to DNR standards. Council Member Bergeson moved to approve the final plat of Quail Ridge contingent upon executed Mylar copies being released upon submittal of financial guarantees and that disclosure of trail locations be made a part of title commitment on Lot 10, Block 2, and Lots 1, 2, 8 and 9, Block 3. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Amending Conditional Use Permit, Northern Instruments - Northern Instruments, 6680 Hodgson Road is requesting approval of a 40' x 74' building addition to enclose the existing shipping and receiving area. The proposed construction will consist of steel beam frame on footings and use the existing blacktop surface for floor area. The exterior will be metal clad to match the existing buildings with two (2) overhead doors. Parking should be adequate to serve the site as no additional employees will be added due to the intended construction. From an aesthetic standpoint, the proposed addition will tie the existing structures on the site together to eliminate the chopped effect currently displayed. The property is zoned General Business (GB) and is shown as commercial on the Land Use Plan. Because the existing and proposed structure is metal clad, an Amended Conditional Use Permit is required by the Zoning Ordinance. A similar request was made by Northern Instruments in August, 1992 which was approved and is now completed. The Northern Instruments site has been well maintained and the business is a good resident of the City. The Planning and Zoning Board reviewed the request and recommended approval with the following conditions: 1. Proper building permits be obtained prior to construction. 2. Permits be obtained from Rice Creek Watershed District, if necessary. PAGE 3 25 258 COUNCIL MEETING JULY 26, 1993 3. The exterior of the structure blend with the existing building. Council Member Kuether asked if the current ordinances allow an addition of more than 50% to a metal building. Ms. Wyland explained that this provision pertains to pole structures and the proposed building is a steel building, not a pole building. She explained that a Conditional Use Permit (CUP) is required because the exterior is metal. The purpose of the ordinance was to define what types of metal exteriors would be acceptable in certain zoning districts. Mr. Schumacher explained the difference between different types of metal exteriors. The proposed new building will have the same exterior as the current building. Council Member Kuether asked if the proposed building conforms to size limitations outlined in the current ordinances. Ms. Wyland said that there are no limitations since the building is not a pole type building. Council Member Kuether asked for copies of the current ordinances dealing with this type of construction. Council Member Elliott moved to approve the Amended Conditional Use Permit with the conditions outlined by the Planning and Zoning Board. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Lot Combination, St. Joseph Catholic Church - Recently the City was asked to sign a hard shell plat for the St. Joseph Catholic Church Cemetery. The plat was prepared at the direction of the Church's attorney and combines three (3) existing parcels of property containing the cemetery. The property is located north of Elm Street and east of St. Joseph Catholic Church. It is zoned Single Family Residential (R-1) and a cemetery is a permitted use with a Conditional Use Permit. This cemetery use is a "grandfathered" use and there is no Conditional Use Permit. A request to allow lot combinations normally does not require City Council action. However, signatures are required on the hard shell, therefore, formal City Council action is required. The Planning and Zoning Board have reviewed this request and have recommended approval. The overhead projector was used to show the parcels to be combined. Ms. Wyland was asked why St. Joseph Church requested that the three (3) parcels be combined. She explained that the Church wanted to erase the parcel division lines so that new grave sites could be plotted. PAGE 4 1 1 1 1 1 1 COUNCIL MEETING JULY 26, 1993 Council Member Elliott moved to approve the lot combination for St. Joseph Catholic Church. Council Member Kuether seconded the motion. Motion carried unanimously. EMERGENCY ORDINANCE, Ordinance No. 93 - 11, Minimum Lot Area, Unsewered - Planning Consultant, Al Brixius has advised Staff that the existing Zoning Ordinance does not specifically provide a minimum lot area for unsewered lots in certain zoning districts. It has been the understanding that newly created Single Family Residential (R-1) and Single Family Residential Executive (R -1X) lots must have utilities. Because there may be a loop hole in the Zoning Ordinance an emergency ordinance has been prepared to address the problem until an amendment to the Zoning Ordinance is approved correcting this deficiency. The amendment should be available for City Council review in September, 1993. Council Member Kuether asked if the proposed emergency ordinance applies to lots of record. Ms. Wyland explained that it did not. Council Member Kuether explained that it was her understanding that building permits would not be issued on lots containing less than 10 acres and are not connected to sewer and water services. She referred to the Morehouse subdivision. Ms. Wyland explained that the new amendment will provide for situations such as the Morehouse situation. Council Member Kuether asked if there had been a change in the ordinances since the Morehouse subdivision. She explained that she felt all such requests should be treated the same. Mr. Schumacher explained that the intent of the ordinance is that lots must be on sewer and water or be at least 10 acres in size. It appears that the current ordinances may not reflect this intent. Council Member Kuether asked what is the difference between the subdivisions occurring on her street (Rice Lake Lane) and the proposed Lichtscheidl subdivision request.. Mr. Hawkins explained that the new homes will front on Snow Owl Lane and will be connected to sewer and water. The remaining parcel (approximately 1/2 acre) will be less conforming to current ordinances, however, owners must prove that the lot can accommodate a septic system repair and must agree to not oppose future extensions of sewer and water down Rice Lake Lane. Council Member Bergeson asked for a report on the legal basis for those lot subdivisions in the past. Mayor Reinert asked that the Morehouse lot subdivision be researched and also asked how the Morehouse lot subdivision relates to the current lot subdivision from the Lichtscheidl family. PAGE 5 259 260 COUNCIL MEETING JULY 26, 1993 Council Member Bergeson moved to adopt Emergency Ordinance No. 93 - 11 Requiring a Minimum Area for Unsewered Lots. Council Member Kuether seconded the motion. Motion carried unanimously. Emergency Ordinance No. 93 - 11 can be found at the end of these minutes. ENGINEER'S REPORT Resolution No. 43 - 93 Accepting Bid for Phase II, Apollo Drive Mr. Powell explained that Resolution No. 93 - 28 was passed at the June 28, 1993 City Council meeting approving the plans and specifications and ordering bids for this above described project. The bids were received and opened on Friday, July 23, 1993. The bids have been tabulated and the lowest responsible bidder is C. W. Houle, Inc. This company is a responsible and qualified bidder. Mr. Powell described Apollo Drive, Phase II noting that this construction will complete Apollo Drive from near the water tower to Lilac Street. Council Member Elliott moved to adopt Resolution No. 43 - 93 Awarding Bid to C. W. Houle, Inc. for $574,038.45. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 43 - 93 can be found at the end of these minutes. Resolution No. 44 - 93, Ordering Preparation of Plans, 1993 Wear Course Installation Improvement and Resolution No. 45 - 93 Approving Plans and Ordering Advertisement for Bids, 1993 Wear Course Installation Improvement - Mr. Schneider explained that bituminous wearing courses are not installed in subdivisions until 80% of the lots have been built on. He also explained that in new developments, park trails are constructed by the developer through the aggregate base leaving only the bituminous surface for the City to complete. Bituminous surfacing is phased in this manner to minimize the likelihood of it being damaged by other construction activity after it has been installed. There are several subdivisions where it is now appropriate to complete the roadway and trail surfacing. All of this surfacing work has been combined into one (1) larger project to be more cost effective. The resolutions ordering the plans and specifications and approving them are being submitted together to allow the project to be advertised as soon as possible which would enable the surfacing to be completed in 1993. Council Member Kuether moved to adopt Resolution No. 44 - 93 Ordering Preparation of Plans and Specifications for the 1993 PAGE 6 1 1 1 261 COUNCIL MEETING JULY 26, 1993 Bituminous Surfacing Project. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Elliott moved to adopt Resolution No. 45 - 93 Approving Plans and Specifications and Ordering Advertisement for Bids for the 1993 Bituminous Surfacing Project. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 44 - 93 and Resolution No. 45 - 93 can be found at the end of these minutes. CONSIDERATION OF OAK WILT COOPERATIVE SUPPRESSION PROGRAM SUBGRANT AGREEMENT Mr. Asleson explained that an application was made to the Department of Natural Resources for cooperative suppression grant dollars for oak wilt control. The application is for $5,300.00. This application is based on last years program costs. Council Member Kuether moved to approve the Subgrant Agreement. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF PARK BOARD REOUEST TO EXPEND DEDICATED PARK FUNDS The Park Board has made the following recommendations to expend dedicated park funds: 1. Tom Jensen has been working on an Eagle Scout project to install a half -court basketball court in Arena Acres Park. The estimated project cost is $3,850.00. Mr. Jensen has indicated that he has raised $2,169.00 and has exhausted his fund options. He has worked over a year on this project. The Park Board recommended to fund the balance of the project, $1,681.00. 2. Legal council is need for the purpose of development of finance alternatives and the securing of land in the south of Birch Street area for athletic complex A-3. 3. Because of concern in the LaMotte Road neighborhood regarding the use of the mini -park known as M-6, the Park Board is recommending the expenditure of $300.00 to purchase a volleyball net and standard. Ball playing has become an issue and the thought was to provide an alternative play option for the children who wish to use the park. The Friends of the Parks Foundation have found a donor for a bench to be installed in the park. PAGE 7 262 COUNCIL MEETING JULY 26, 1993 4. The Friends of the Park Foundation accepted a donation for a memorial play train by a couple who wish to see the apparatus go into Sunrise Park. The residents were able to donate $3,000.00 for this equipment and asked the Park Board to finance the balance of $850.00. The donating couple would be responsible for a plaque. Council Member Kuether moved to approve the Park Board recommendation for Dedicated Park expenditures. Council Member Elliott seconded the motion. Council Member Bergeson noted that three (3) of the four (4) requests have some donations from the public and said this is wonderful involvement from the public. Voting on the motion, motion carried unanimously. FIRST READING, ORDINANCE NO. 93 - 09, AMENDING THE LINO LAKES CITY CODE BY ADDING SECTION 904, DECLARING WEEDS AND GRASS OVER EIGHT (8) INCHES IN HEIGHT AND WEEDS WHICH HAVE GONE TO SEED OR GROWING IN THE CITY OF LINO LAKES TO BE A NUISANCE, AND PROVIDING A METHOD FOR THE REMOVAL THEREOF Mr. Asleson explained that staff has been unable to respond to citizen complaints of unkept/unmowed lawns in developed residential areas. The present ordinances only address noxious weeds as described in State Statutes, Chapter 18.175. Several model ordinances were used to draft the ordinance before the City Council today. Mr. Asleson explained the ordinance as well as the meaning of several terms. He noted that one (1) concern had been lots of more than one (1) acre. These lots are specifically addressed in the updated draft ordinance. Mr. Asleson also outlined areas excluded from the ordinance. He noted that the exclusion should address the concerns of the residents who wrote letters to the City Council. Mayor Reinert noted that a letter has been received from a concerned resident regarding wildflowers and songbirds. He noted that the intent of the ordinance is not to destroy habitat and asked that a response be written to the letter writer. Council Member Elliott explained that she had worked on the draft ordinance with Mr. Asleson and explained that this ordinance pertains to a developed subdivision where one (1) lot in a block of lots is not maintained. Mr. Volk asked that the new ordinance contain references to City owned right-of-ways, easements and other City owned property. Mr. Asleson said he felt this ordinance only provides a mechanism for staff to respond to citizen complaints and to clarify noxious weeds. The intention is not to have someone going from street to PAGE 8 1 1 1 1 COUNCIL MEETING JULY 26, 1993 street looking for overgrown lots. Mr. Hawkins noted that the penalty should be $700.00 not $500.00. Council Member Elliott moved to adopt the first reading of Ordinance No. 93 - 09 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF AWARDING THE 1993 SEAL COATING BIDS Mr. Volk explained that seal coating is an ongoing yearly maintenance item. Seal coating establishes a new thin driving and wearing surface on City streets. Generally, seal coating helps to extend the life of the street. Some of the subdivisions which will be seal coated this year include: Sunnygate I, Sunrise Meadows, Second Avenue, Parkview Estates, Rice Lake Estates, Rohavic Oaks, South Reshanau Lake Estates I and D. Erickson's Second Addition. Bids were advertised and received and opened July 23, 1993. Two (2) bids were received; 1) Allied Blacktop for $61,590.00, and 2) Astech Corporation for $63,600.00. Both companies are responsible and reputable. Council Member Kuether moved to award the bid to Allied Blacktop for $61,590.00. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF NEW CITY HALL SIGN Mr. Volk explained that the Centennial School District installed a new sign and gave their old sign to the City. The 6'x 12' sign is in need of updating and two quotes have been received for this work. The first quote is from Juleen Designs, Inc. for $2,265.00 and the second quote is from Crosstown Signs for $2,475.00. The updating of the sign consists of sandblasting, painting, new face plates, Lino Lakes City Logo and installation. There will be additional cost of approximately $2,000.00 to run electrical service to the sign. Council Member Bergeson asked how the sign would be funded. Mr. Schumacher told him that there is enough in the Governme t Buildings fund to update the sign. However a budget am dment may be needed for the electrical installation. Mayor Reinert noted that this sign has been discussed for a very long time. PAGE 9 263 264 COUNCIL MEETING JULY 26, 1993 Council Member Kuether moved to award the sign quote to Juleen Designs, Inc. for $2,265.00. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF LEAGUE OF MINNESOTA CITIES INSURANCE TRUST EXCESS LIABILITY COVERAGE Mr. Schumacher explained that each year the City has the option of waving its monetary limits on tort liability to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust•. This means the City has coverage by State Statute up to $600,000.00. If someone sues the City the limit of coverage is $200,000.00 per person or $600,000.00 per accident. The City also has a $1,000,000.00 umbrella policy for total liability coverage of $1,600,000.00. The League of Minnesota Cities allows municipalities to waive tort liability limits and expose the City to higher limits of awards. The City has never done this in the past. The League of Minnesota Cities requires the City to take official action on the matter. Mr. Schumacher recommended that the City not waive its monetary limits on tort liability established by Minnesota Statutes 466.01. Mr. Hawkins told of a recent accident in the City of St. Paul and noted that the City of St. Paul is self-insured up to the $600,000.00 limit. He also explained that the Supreme Court has upheld the $600,000.00 limits. Mr. Hawkins also noted that some municipalities have determined that if someone is hurt because of the negligence of a public employee, they should be able to collect more than allowed by the State Statutes. Lino Lakes does carry an additional $1,000,000.00 liability policy in the event that the limits were ever declared to be unconstitutional. Council Member Kuether said it seemed unfair that municipalities can set limits of liability and ordinary people cannot have such protection. She said that $1,600,000.00 did not appear to be much protection for the City. Mayor Reinert said he felt that since the City Council represents the taxpayers, the City Council should act in their best interest and not waive the monetary limits. Council Member Bergeson asked if this applied to personal injury only. Mr. Hawkins said yes, the City has other coverage for such matters as breach of contract. Council Member Neal moved to not waive its monetary limits on tort liability established by Minnesota Statutes 466.01. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 10 1 1 1 1 1 263 COUNCIL MEETING JULY 26, 1993 FIRST READING, ORDINANCE NO. 93 - 12, CAMPAIGN CONTRIBUTIONS REPORTING REOUIRED The City Council has requested staff to draft an ordinance requiring the reporting of campaign contributions. After considerable research, it was determined that not many municipalities have such ordinances but do follow State Statutes on the matter. The City of St. Paul has a lengthy ordinance regarding campaign contribution reporting requirements. This ordinance was used as a model in drafting the ordinance presented to the City Council this evening. The basic requirement of the ordinance is that when a candidate, committee, political party or political fund receives contributions exceeding $25.00 or expends funds exceeding $25.00, a report must be filed with the City Clerk. Items included in the draft ordinance: - Definition of Terms, Administration, declares City Clerk will administer the ordinance, prepare and distribute all forms, statements and reports required, - Details the reporting requirements for individual candidates, committees and political funds, - Outlines the consequences of violation of the ordinance, - Limits campaign contributions according to current State Statutes ($300.00 in an election year and $100.00 in a nonelection year). All recently passed state legislation is incorporated into the ordinance. Council Member Bergeson asked if an ordinance can be amended on its second reading if something needed to be clarified, added or deleted. Mrs. Anderson said yes. Council Member Bergeson said he did have some comments and questions regarding this draft ordinance. Mayor Reinert asked that the City Council adopt the first reading and then bring comments, questions and proposed changes to the Council work session. The ordinance can be changed at the second reading. Mayor Reinert said this procedure would allow the ordinance to proceed so that it would be in place for the election this fall. He also noted that the purpose of the ordinance is disclosure and not to cause a hardship for anyone who is seeking office in Lino Lakes. He also noted that there are a lot of changes in the City and felt that the voters have the right to know who is supporting candidates for City offices. PAGE 11 266 COUNCIL MEETING JULY 26, 1993 Council Member Bergeson noted Page 4, Organization; Funds. He asked whether the secretary can be the same person as the treasurer or chairman. This may need more clarification. Council Member Bergeson recommended that funds be segregated and separate bank accounts be established for each committee, political fund or personal campaign committee. This would insure that there is no co -mingling of campaign funds. Council Member Bergeson noted Page 5, (2) Statement of organization shall include: and said that since many persons actually doing the paperwork to comply with the ordinance have not done this before, it would be appropriate for the City Clerk to develop the forms to be completed. Mrs. Anderson explained that the ordinance does require the City Clerk to prepare these forms. Council Member Bergeson noted Page 6, (2) Every candidate, the secretary of every personal campaign committee and the treasurer of every committee or political fund shall file a financial statement. He explained that it is not clear if one (1) report is required, and if it must be signed by three (3) people or if it is three (3) reports. He assumed that it was one (1) report which could be signed by one (1) of the three (3) persons named. Council Member Kuether assumed it meant one (1) report signed by all three (3) people. This should be clarified. Council Member Bergeson noted Page 10, Contribution Limitations. He asked for clarification as to whether this also includes the candidate himself/herself? He also asked if there should be limits to the amount the candidate gives to his/her campaign? Mayor Reinert asked that the comments and questions previously listed plus additional questions and comments be addressed at the next Council work session. Council Member Elliott moved to adopt the FIRST READING of Ordinance No. 93 - 12, Campaign Contributions Reporting Required. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 93 - 12 will be on the August 4, 1993 City Council work session agenda. ATTORNEY'S REPORT Clarification of Conversation with Attorney for Reshanau Park Estates Homeowner's Association - Mr. Hawkins explained that a report had been made to some City staff regarding a conversation he was alleged to have had with the Reshanau Park Estates Homeowner's Association attorney regarding litigation the City is PAGE 12 1 1 1 COUNCIL MEETING JULY 26, 1993 involved in regarding some activities on property owned by the Homeowner's Association. The allegation was that Mr. Hawkins had indicated to the Homeowner's Association attorney that he felt that the City's litigation had no merit and was frivolous. Mr. Hawkins said that this statement is not correct. No representation was every made by him in this regard. His position is the same as it has always been and is outlined in a written opinion to the City Council which states that the City does have a legal basis for commencing injunctive action against the Homeowner's Association and he will be proceeding on that basis on behalf of the City. OLD BUSINESS Consideration of Centennial Fire District Disbursements - Council Member Neal questioned the disbursement #5210, Columbus Truck, $44.79. He asked if this is a payment for a truck or if this is a business in the Township of Columbus. Staff will check this disbursement and give the information to Council Member Neal. Council Member Neal moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of Minutes from June 28, 1993 - Council Member Neal moved to approve these minutes as presented. Council Member Elliott seconded the motion. Motion carried with Council Member Bergeson and Council Member Kuether abstaining. Consideration of Minutes from July 13, 1993 - Council Member Kuether moved to approve these minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Mayor Reinert abstaining. Consideration of Accepting the Greater Anoka County Animal Humane Society Contract for Animal Control - The City of Lino Lakes has contracted with the GACAHS for animal control services for several years. No other such service is currently available in the north suburban area. CSO Jeannie Kenow has reviewed the contract. She works closely with GACAHS and reviews their billings and the services performed. She is recommending that the contract be accepted by the City Council. Mrs. Anderson noted that the costs for this service is rising each year in relationship to the increase in the number of dogs now residing in the City. PAGE 13 267 268 COUNCIL MEETING JULY 26, 1993 Council Member Kuether moved to approve the 1993/1994 GACAHS contract as presented. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Block Party Application, Caribou Circle - Mrs. Anderson presented an application for a block party for the above named street. Both the Police Department and the Public Works Department have reviewed the request. A "Hold Harmless" clause has been signed and submitted with the application. Mrs. Anderson indicated that this block has been holding a party for the last two (2) or three (3) years. No problems have been associated with the party. She also noted that the City Council has advocated such block parties as a method for newer residents to become acquainted in their community. Council Member Elliott moved to approve the block party application. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Block Party, Deerwood Lane - Mrs. Anderson explained that she had received a telephone call today from a resident who has already organized a block party for the south end of Deerwood Lane in Reshanau Lake Estates South, 4th Addition. The block party is scheduled for Saturday, August 7, 1993. Invitations have been sent to all person in the area. The caller was informed that a permit is required and City Council approval is also needed. Since the City Council will not meet prior to the planned event, Mrs. Anderson requested City Council approval of the block party contingent upon receipt of the proper application forms. Council Member Kuether moved to approve the block party for the south end of Deerwood Lane subject to the receipt of the proper forms. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Neal moved to adjourn at 8:20 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at the regular Lino Lakes City Council meeting held o August 9, 1993. Marily G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 14 1 1 1 Council Member Kuether moved its adoption: introduced the following ordinance and CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 93 - 10 AN ORDINANCE AMENDING ORDINANCE NO. Bi OF THE CITY OF LINO LAKES BY ADDING PLANNED DEVELOPMENT OVERLAY (PDO) ZONING TO CERTAIN REAL ESTATE IN LINO LAKES, MINNESOTA (COUNTRY LAKES ESTATES) I. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. Bl of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 13, 1992 is hereby amended by adding Planned Development Overlay zoning to the following described real estate: PARCEL Al That part of the East 150 feet of the West 480 feet of the South 360 feet of Government Lot 3, Section 29, Township 31 North, Range 22 West, Anoka County, Minnesota, lying northerly of the northerly line of ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 11. Subject to and together with any valid easements, restrictions and reservations. PARCEL A2 That part of the East 225 feet of the West 705 feet of the South 610 feet of Government Lot 3, Section 29, Township 31 North, Range 22 West, Anoka County, Minnesota, lying northerly of the northerly line of ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 11, and the East 150 feet of the West 480 feet of the North 250 feet of the South 610 feet of said Government Lot 3. Subject to and together with any valid easements, restrictions and reservations. PARCEL B1 That part of the South 305 feet of Government Lot 3, Section 29, Township 31 North, Range 22 West, Anoka County, Minnesota, lying easterly of the West 1180 feet thereof, lying westerly of the East 20 feet thereof and lying northerly of the northerly line of ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 11. 269 270 ORDINANCE NO. 93 - 10 Page -2- Subject to and together with any valid easements, restrictions and reservations. PARCEL B2 That part of the East 100 feet of the West 1180 feet of the South 530 feet of Government Lot 3, Section 29, Township 31 North, Range 22 West, Anoka County, Minnesota, lying northerly of the northerly line of ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 11, that part of the East 20 feet of the South 530 feet of said government Lot 3, lying northerly of the northerly line of ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 11, and that part of the North 225 feet of the South 530 feet of said Government Lot 3, lying easterly of the West 1180 feet thereof and lying westerly of the East 20 feet thereof. Subject to and together with any valid easements, restrictions and reservations. PARCEL Cl That part of the East 190 feet of the West 500 feet of the South 550 feet of Government Lot 3, Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, lying northerly of the northerly line of ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 11. Subject to and together with any valid easements, restrictions and reservations. PARCEL C2 That part of the West 310 feet of Government Lot 3, Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, lying northerly of the northerly line of ANOKA COUNTY HIGHWAY RIGHT-OF- WAY PLAT NO. 11, and that part of the East 190 feet of the West 500 feet of said Government Lot 3, lying northerly of the South 550 feet thereof. Subject to and together with any easements, restrictions and reservations. II. Save as above amended, said Ordinance No. B1 shall stand as initially passed and as previously amended. 1 1 1 ORDINANCE NO. 93 - 10 Page -3- This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the City Council of the City of Lino Lakes this 26th day of July , 1993. Vernon F. Reinert, Mayor Marilyn',jG. 'Anderson, Clerk -Treasurer The motion for adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following against same: None. Whereupon said ordinance was declared duly passed and adopted. 271 272 Council Member Bergeson introduced the following Ordinance and moved its adoption: ORDINANCE NO. 93 — 11 AN EMERGENCY ORDINANCE AMENDING SECTION 4, SUBDIVISION 14 AREAS WITHOUT SANITARY SEWER, OF THE CITY ZONING ORDINANCE B1 The City Council of the City of Lino Lakes hereby ordains as follows: Legislative Findings of Fact The City of Lino Lakes, Minnesota, a predominantly residential and agricultural community has recently attracted development of residential areas within the City. While the City is not opposed to orderly or well planned residential development, the City of Lino Lakes wishes to study, develop, evaluate and if necessary modify plans and policies as they relate to it's Zoning Ordinance. The City finds it to be in its best interest to take reasonable measures for a reasonable interim time to protect the planning process and the health, safety and welfare of its citizens until appropriate evaluations and amendments can be effective. The City finds that reasonable measures must be taken for a reasonable interim period to protect the public interest by preserving the integrity of the existing residential areas while changes to the Zoning Ordinance are prepared. The City finds that it is necessary to enact this Ordinance as an emergency Ordinance under Section 3.06 of the City Charter. Section 4, Subdivision 17, Areas without Sanitary Sewer is amended to read as follows: (1) and (2) Lot sizes where public sewer is not available shall conform to the minimum requirements set forth below: The minimum single family lot is ten (10) acres. This minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to July 13, 1992, provided that it can be demonstrated by means satisfactory to the City that the smaller parcels will not result in groundwater, soil or other contamination which may endanger the public health. This Ordinance Amendment shall take effect upon its passage by a majority of Council Members present at the July 26th, 1993 City Council Meeting and shall be in force and effect for a period of 120 days following that date. 273 Passed by the Council of the City of Lino Lakes this 26th day of July , 1993. Vernon R. Reinert, Mayor Mail n G. Anderson, City Clerk Motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said Ordinance was declared duly passed and adopted. 274 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 43 — 93 RESOLUTION ACCEPTING BIDS FOR PHASE II, APOLLO DRIVE IMPROVEMENT WHEREAS, pursuant to advertisement for bids for Phase II, Apollo Drive Improvement, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME AND ADDRESS BID AMOUNT C. W. Houle, Inc. 1300 West County Road I Shoreview, Minnesota 55126 Arcon Construction Company, Inc. P. O. Box 57 Mora, Minnesota 55051 Northdale Construction 14450 Northdale Boulevard Rogers, Minnesota 55374 Bonine Excavating, Inc. 12669 Meadowvale Road Elk River, Mn. 55330 Barbarossa and Sons, Inc. 11000 -93rd Avenue North, P. O. Box 367 Osseo, Minnesota 55369 $574,038.45 $593,620.58 $612,332.81 $643,345.36 $660,783.35 AND WHEREAS, It appears that C. W. Houle, Inc, Shoreview, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with C. W. Houle, Inc., of Shoreview, Minnesota in the name of the City of Lino Lakes for the improvement of Phase II, Apollo Drive Improvement according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest Page 1 1 1 1 Resolution No. 43 - 93 bidder shall be retained until a contract has been signed. Adopted by the City Council this 26th day o .uly, 1993. 4: 275 Vernon F. Reinert, Mayor ar lyn . Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. Page 2 276 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 93- 414 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 1993 BITUMINOUS SURFACING IMPROVEMENT. WHEREAS, the installation of the bituminous wearing course in subdivisions is delayed until 80% of the Tots are built on, and WHEREAS, several subdivisions have reached the point where 80% or more of the Tots have been built on, and WHEREAS, there are also park trails within the City which are in need of bituminous surfacing, and WHEREAS, it is cost effective to combine several smaller bituminous paving projects into one larger project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 26th day of July, 19 Vernon F. Reinert, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 27? 278 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 93- 1%S RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS, 1993 BITUMINOUS SURFACING. WHEREAS, Pursuant to a resolution passed by the Council on July 26, 1993, the City Engineer has prepared plans and specifications for the 1993 Bituminous Surfacing Improvements, and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 AM on Monday, August 23,1993, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 PM on Monday, August 23, 1993 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 26th day of July, 199 Vernon F. Reinert, Mayor )/Y1(J / MarY n dr Anderson Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 279